Question
My questions relate to problems in inheritance laws. These questions are as follows:
1. Although in Islam 1/3 property is to be inherited by daughter after the death of father. But usually a situation is created in which sisters have to surrender their share totheir brothers. They are pressurized by their mothers especially to surrender their share in favour of brothers. They are also forced by the brothers and other relatives. Ultimately sisters are compelled to surrender their share in fovour of the brothers. Sometimes there is a huge property but that is not divided justly and sisters have to surrender in favour of their brothers. Sisters have to surrendr because they do not want to make their brothers and especaially mothers angry. Can you please guide me and others about this social evil in the light of the Qur’an and Sunnah?
Answer
First a correction is needed. If there are only daughters, and if they are two or more than two, they shall share equally in 2/3rds of the inheritance left after giving other shares. And in case there is only one daughter, then her share is one half of the inheritance left.
As to the social evil you have pointed to, this is indeed a very sorry state of affairs. Sisters must never be compelled to do so. Those who compel them to do so should know that this is a very grave sin in the eyes of the Almighty. Perhaps sisters in our society should start taking a stand against this social evil and the oppressed ones can even join hands to create moral pressure. Even laws can be enacted to protect them.
Answered by: Dr. Shehzad Saleem
Date: 2015-01-18
